Tag Archive | "Would"

Poll: What Would Be A Good Name For A Secret Society?


If someone made a group that was an offshoot of The Freemasons (not affiliated or the same group though; just inspired by them and similarish), what would be a good name for this group?

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If You Were The Consultant, Would You Agree And Sign This Nda Legal Agreement?


NON-DISCLOSURE AND NON-SOLICITATION
Confidential Information Defined. “Confidential Information” means: (a) any “trade secret” as defined in California Civil Code section 3426 et seq.; and further, (b) any information not readily accessible to the public that Consultant obtains through Company, which relates to Company’s finances, operations, clients, vendors, or other third party with whom the Company has an existing or reasonably anticipated relationship. Such Confidential Information includes, without limitation, Company’s technology, processes, products, programs, vendors, suppliers, consultants, research, development, accounting, marketing, pricing, staffing, strategies, contracts, security protocols, client lists or databases, client documents, post orders, marketing or sales proposals, and any actual or contemplated trademark, service mark, trade name or patent. The information described above is Confidential Information no matter how obtained, and regardless of whether such information is intangible (such as a fact known but not recorded), recorded in written form (such as a letter, memorandum or other document), or otherwise recorded (such as a photograph, videotape, audiotape or computer disk). Information concerning Company clients has independent economic value to the Company, and the Company has expended considerable time and effort to develop, compile and protect the confidentiality of that information.
No Solicitation/Interference. While providing services to Company or for a period of three (3) years thereafter, Consultant shall not: solicit on behalf of any entity other than Company, business from any Company client whose identity and/or interests are Confidential Information of Company. Consultant further agrees that while providing services to Company and for a period of three (3) years thereafter, Consultant shall not solicit any Company employee for employment by any competing security or event services entity. Consultant further agrees that while providing services to Company and for a period of three (3) years thereafter, Consultant shall not induce any Company client, Company employee, consultant, independent contractor, licensee or other third party to sever any relationship with Company, or to modify its business with Company on terms which are less favorable to Company.
Equitable Relief and Liquidated Damages. In addition to any other rights and remedies Company may have, any Consultant breaching this section agrees that Company, without the necessity of proving actual damages, shall be entitled to temporary and permanent injunctive relief to prevent Consultant from breaching or continuing to breach this section and that Company shall be entitled to such relief without posting bond. Because damages for such breach may be difficult to ascertain, Consultant agrees to pay to the Company the sum of one-hundred thousand dollars ($100,000.00) for each such breach as liquidated damages in the event that Consultant violates the terms of this section.

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Would This Agreement, If Breached By Consultant Hold Up In Court At All?


2 Questions:
1. Would it be “advantageous” to the Consultant” to sign this NDA, knowing it will NOT hold up in court?
2. Would this agreement, if the Company “claims” in the future that there is a breach by Consultant hold up in court at all?
Especially the “No Solicitation/Interference” section and the “Equitable Relief and Liquidated Damages” section. The Consultant is a Marketing Consultant. The “Company” is a Security Protection Company.
NON-DISCLOSURE AND NON-SOLICITATION
Confidential Information Defined. “Confidential Information” means: (a) any “trade secret” as defined in California Civil Code section 3426 et seq.; and further, (b) any information not readily accessible to the public that Consultant obtains through Company, which relates to Company’s finances, operations, clients, vendors, or other third party with whom the Company has an existing or reasonably anticipated relationship. Such Confidential Information includes, without limitation, Company’s technology, processes, products, programs, vendors, suppliers, consultants, research, development, accounting, marketing, pricing, staffing, strategies, contracts, security protocols, client lists or databases, client documents, post orders, marketing or sales proposals, and any actual or contemplated trademark, service mark, trade name or patent. The information described above is Confidential Information no matter how obtained, and regardless of whether such information is intangible (such as a fact known but not recorded), recorded in written form (such as a letter, memorandum or other document), or otherwise recorded (such as a photograph, videotape, audiotape or computer disk). Information concerning Company clients has independent economic value to the Company, and the Company has expended considerable time and effort to develop, compile and protect the confidentiality of that information.
No Solicitation/Interference. While providing services to Company or for a period of three (3) years thereafter, Consultant shall not: solicit on behalf of any entity other than Company, business from any Company client whose identity and/or interests are Confidential Information of Company. Consultant further agrees that while providing services to Company and for a period of three (3) years thereafter, Consultant shall not solicit any Company employee for employment by any competing security or event services entity. Consultant further agrees that while providing services to Company and for a period of three (3) years thereafter, Consultant shall not induce any Company client, Company employee, consultant, independent contractor, licensee or other third party to sever any relationship with Company, or to modify its business with Company on terms which are less favorable to Company.
Equitable Relief and Liquidated Damages. In addition to any other rights and remedies Company may have, any Consultant breaching this section agrees that Company, without the necessity of proving actual damages, shall be entitled to temporary and permanent injunctive relief to prevent Consultant from breaching or continuing to breach this section and that Company shall be entitled to such relief without posting bond. Because damages for such breach may be difficult to ascertain, Consultant agrees to pay to the Company the sum of one-hundred thousand dollars ($100,000.00) for each such breach as liquidated damages in the event that Consultant violates the terms of this section.

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Libel? Would I Have A Case Or Are These Just Hostile People?


This was on an open, public facebook account with my name tagged into the photo. I didn’t know I was tagged until just yesterday, where I promptly untagged myself and reported the comments. Before untagging myself, I took a video of all the comments made. The photo had me and a “supposed friend” at a party. These statements were made on December 28th, 2010. I was tagged with these statements for 2.5 years. My picture is still affiliated with these statements. This has been reported to facebook.
Individuals 1 and 2 I knew from high school. Individual 1 harassed me in high school and then later in college. We never interacted–we never hung out or talked to each other. He hated me from the start and it was until much later that I learned it was because I was dating a girl he liked. This continued for several years. I was afraid of him in high school and is the reason why I learned martial arts. Individual 2 I knew in high school. We rarely interacted individually unless a group of friends were present. Otherwise, lengthy conversations never took place.
Individual 3 I only knew threw my ex’s (girlfriend at the time) brother as he was dating individual 3. I considered her as a friend, but later learned that she never liked me from the beginning. Through slander and libel, she caused me a lot of grief. I lost friends, had major depression and anxiety, and had people approach me for things I hadn’t done, for which both my ex and her brother denied and defended me for. I am still friends with my ex and her brother.
Individuals 1, 2, and 3 were all friends at the time. Individual 1 is no longer friends with individual 2 or 3. Individuals 2 and 3 are still friends. They have been known to turn fact into fiction with grandiose exaggeration.
Two of the individuals I knew from high school. The first individual and I talked every now and then, but never hung out. The second individual simply hated me from the beginning because I was dating a girl he liked. This I didn’t know. I was afraid of this individual in high school. High school graduation was 2007. The third individual I had only met recently through a friend, but had minimal interaction with, which changed over time as she became slanderous to my name. Other people randomly came up to me angry for things that had never transpired. Due to the slander, I lost several “friends.”
These are direct quotes.
Individual 1: “I hate that guy so much :P”
Individual 2: “I know! He is such a jerk, I mean look at this photo, he clearly doesn’t understand me so his blood vessels exploded everywhere.”
Individual 1: “What an ***.”
Individual 2: “Exactly. I hate him. :'(”
Individual 1: “Let’s sell him off to aggregate farmers in Nepal.”
Individual 2 (This quote in particular was shocking and upsetting):
“I was going to kill him but that plan makes money and less blood is involved. I second
that motion.”
Individual 1: Passed.
Individual 2: “I just noticed that (my name) and I have photos of him and I. Yep, totally hate him.”
Individual 1: “What a fagmuffin.”
Individual 2: “Oh totally. Wait, no, he is pumpkin spice.”
I don’t entirely understand that statement.
Individual 3: “That’s totally what happens when (my name) pisses me off. See? He’s even hanging his
head in shame of what he obviously did wrong.”
Individual 2: “Sooo true. This is why we hate him.”
I am highly educated in science, but not with the law.
Would this be a case for libel, something else, or perhaps nothing at all?

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Which Of The Following Scenarios Would Most Likely Lead To Resource Partitioning And Consequently Contribute?


Which of the following scenarios would most likely lead to resource partitioning and consequently contribute to ecosystem stability?
1)
sympatric populations of the same animal species
2)
allopatric populations of species with ecological niches that are similar
3)
sympatric populations of species with ecological niches that are similar
4)
allopatric populations of the same animal species

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If You Could Create Your Own Company For A Niche Market, What Kind Of Company Would You Like To Design?


10 points for best idea

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